Decided on August 04,2009

Ashish Kumar Aggarwal Appellant
Carol Infrastructure Pvt. Ltd. Respondents


BARKAT ALI ZAIDI,PRESIDENT (ORAL) - (1.)THE matter is being considered at the stage of admission.
(2.)COUNSEL for the appellant has been heard. Appellant had filed a complaint before District Forum (East) contending that he had booked a flat with the respondent, the total cost of which was Rs. 15,00,000 and had paid a sum of Rs. 2,34,000 to the respondent as earnest money. The remaining consideration was to be paid by way of instalments. Allotment certificate was not given to the complainant and for this reason, the complainant stopped further payment. Ultimately, the appellant filed the instant complaint before District Forum with the prayer that the respondent be directed to hand over allotment letter and to execute buyer agreement in favour of the appellant. Besides, the OP be also directed to pay a sum of Rs. 5,000 towards cost incurred by the appellant and also Rs. 10,000 towards the mental agony and harassment suffered by the appellant.
(3.)THE O.P. in its written statement filed before District Forum, pleaded that the flat in question was already booked in the names of one Rachna R. Jindal and Rajeev Jindal. Subsequently, for some reasons the appellant had applied for transfer agreement to his name and agreed to pay balance amount but since he could not pay the balance amount, therefore surrendered his rights in the flat vide letter dated 26.11.2007. In consequence whereof the respondent refunded the money after making necessary deduction. In support of which the respondent filed a document to this effect.
Vide impugned order dated 28.1.2009, the District Forum, found that not handing over the allotment letter to the appellant is a deficiency in service on the part of the respondent, as respondent was not justified in deducting any amount from initial payment of the appellant. The District Forum, therefore held that the deal between the parties was cancelled and directed the O.P. to refund Rs. 2,34,000 besides Rs. 21,000 as compensation and Rs. 2,000 towards physical harassment and mental agony and Rs. 1,000 as cost of litigation.

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